The Human Rights Division of the Accra High Court has taken action against the Office of the Special Prosecutor (OSP) for its failure to respond to an application filed by Charles Bissue.
The court presided over by Justice Barbara Tetteh-Charway, has imposed a cost of GH¢1000 on the OSP for this negligence and ordered the office to file their response within 14 days for the upcoming hearing.
The case stems from an application for judicial review filed by lawyers representing Charles Bissue, the former Secretary to the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM), on June 2, 2023.
The OSP was served with the legal process on June 15, 2023, but has failed to respond for a period of 42 days since then.
Charles Bissue’s counsel appeared in court on Friday, July 28, and requested the court to grant the OSP another opportunity to respond to the application. The court has adjourned the case to September 4, 2023.
In the application for judicial review, Charles Bissue is seeking several reliefs based on alleged breaches of the Constitution and the Special Prosecutors Act 959.
These reliefs include a declaration that the Notice “Wanted by the OSP” is in violation of constitutional articles, an order to quash the Arrest Warrant granted by the District Court, an order to compel the OSP to provide the petitioner with a copy of the petitions forming the basis of the investigation, and an order to prohibit the OSP from applying for further Arrest Warrants and harassing the applicant in the name of investigations until the case is determined.
The background of the case revolves around corruption allegations against Charles Bissue, which were exposed in the Galamsey Fraud Part 1 documentary published by Anas Aremeyaw Anas and Tiger Eye P.I.
The application claims that the OSP’s investigation excluded Anas Aremeyaw Anas and Tiger Eye P.I, and cites former Special Prosecutor Martin Amidu’s statement as evidence.
Moreover, the new Special Prosecutor, Kissi Adjabeng, is alleged to have a conflict of interest and bias in the matter due to his past association with Anas Aremeyaw Anas and Tiger Eye P.I. through a private law firm.